Calvert, Town Put on Notice
By Christy Goodman
Washington Post Staff Writer
Sunday, July 6, 2008
Calvert County and Chesapeake Beach have been notified of a potential claim for damages resulting from the collapse of a house in May.
A house under construction at 7429 B St. caved in during a storm May 11, crushing a property next door and seriously injuring its owners, Frank and Karen Hudson.
The partially constructed house is owned by Frank Leniek.
The letter from the attorney for the Hudsons, Scott A. Bowling, said that a "preliminary investigation reveals that the municipality . . . should have known that the construction of the [Leniek] property was faulty, failed to conform with applicable state, local and federal building codes, and presented an unreasonable risk of harm to third persons."
The letter also said that repeated complaints to town and county officials from neighboring property owners had served as "notice of this particular problem."
Bowling said his letter is a formal step in the legal process of notifying "anyone who has some potential contribution to the cause of the event." He said that no lawsuits have been filed, but that "litigation involving Mr. Leniek is expected."
Chesapeake Beach received the letter by July 1 and turned it over to the town's insurance carrier, Local Government Insurance Trust, said Eric J. Blitz, town attorney.
"Like most plaintiffs, they are putting everyone they can on notice," Blitz said.
County Attorney Emanuel Demedis said Thursday that he had not received the certified letter, but that when he does, it will be handled by the county's loss-prevention specialist and turned over to the county's insurance company.
Shortly after the house collapsed, county and town officials said Leniek was not in violation of his building or zoning permits.
Attempts to reach Leniek were unsuccessful. Two phone numbers listed under his name have been disconnected. Frank Hudson, who has been living elsewhere with his wife since their release from the hospital, said, "We went ahead and [decided to] file suit."
He said the debris removal will begin this week.
Neighbors recently asked the county to revoke Leniek's building permit. County officials said they were looking into the legalities of such a move.
View all comments that have been posted about this article.